42 U.S.C. § 669a. Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases
- (a)(a)
In general
Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title. - (b)(b)
Prohibition of disclosure of financial record obtained by State child support enforcement agency
A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual. - (c)(c)
Civil damages for unauthorized disclosure
- (1)(c)(1)
Disclosure by State officer or employee
If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States. - (2)(c)(2)
No liability for good faith but erroneous interpretation
No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b). - (3)(c)(3)
Damages
In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—
- (A)(c)(3)(A)
the greater of—
- (i)(c)(3)(A)(i)$1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or
- (ii)(c)(3)(A)(ii)
the sum of—
- (I)(c)(3)(A)(ii)(I)the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus
- (II)(c)(3)(A)(ii)(II)in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus
- (B)(c)(3)(B)the costs (including attorney’s fees) of the action.
- (d)(d)
Definitions
For purposes of this section—
- (1)(d)(1)
Financial institution
The term “financial institution” means—
- (A)(d)(1)(A)a depository institution, as defined in section 1813(c) of title 12;
- (B)(d)(1)(B)an institution-affiliated party, as defined in section 1813(u) of title 12;
- (C)(d)(1)(C)any Federal credit union or State credit union, as defined in section 1752 of title 12, including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12; and
- (D)(d)(1)(D)any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.
- (2)(d)(2)
Financial record
The term “financial record” has the meaning given such term in section 3401 of title 12.
(Aug. 14, 1935, ch. 531, title IV, § 469A, as added Pub. L. 104–193, title III, § 353, Aug. 22, 1996, 110 Stat. 2240; amended Pub. L. 105–200, title IV, § 406(c), July 16, 1998, 112 Stat. 672.)